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1. How many days in advance should I give a written notice to dismiss the property service provide
How many days in advance should I give a written notice to dismiss a property service provider?
1. How many days in advance should I give a written notice to dismiss the property service provide
1. How many days in advance should I give a written notice to dismiss the property service provider?
1. If the realty service contract is dissolved, the realty service provider shall be notified 60 days in advance.
According to the Civil Code
Article 946
The owner's right to terminate the contract at will. If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.
If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.
2. Before the expiration of the realty service period, if the owner decides to renew the employment according to law, it shall renew the realty service contract with the original realty service provider before the expiration of the contract period.
If the realty service provider does not agree to renew the employment before the expiration of the realty service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless the notice period is otherwise stipulated in the contract.
Second, what are the types of property service disputes?
1. Property dispute without property service contract
Many property management companies have not signed written contracts with owners' committees or owners. In the absence of contractual stipulations and provisions, disputes between the two parties are easy to occur and cannot be solved well. Therefore, the property service contract is still very important, and the owners need to pay attention to signing the property service contract, and don't ignore it easily.
2. The dispute over the standard of property fees.
The property management service fee for ordinary houses is the government-guided price. When determining the fees, it should be based on the reasonable cost of property management services and the comprehensive calculation based on the economic affordability of the owners. For other houses, it must be approved by the owners or the owners' committee. But in fact, there is no specific standard for property fees, and property companies will collect fees indiscriminately, which will also lead to disputes.
3, the owner refused to pay the property management fee dispute.
It may be unreasonable for the owner to refuse to pay, or the service quality provided by the property management enterprise can't meet the standard stipulated in the contract, or it may be unreasonable to share the expenses on business, which needs to be handled according to different actual conditions.
4, property management companies breach of contract disputes
The default behavior of property management enterprises is mainly manifested in poor maintenance and management of public parts and facilities; Failing to fulfill the management responsibilities of environmental sanitation, greening and public order in the property management area, resulting in the deterioration of the property environment. At this point, property management companies need to bear the liability for breach of contract according to law.
5. Improper handling of property disputes.
At present, many property companies often adopt inappropriate methods when dealing with property disputes and disputes with owners, such as violent settlement and litigation. In this way, it is not only difficult to solve the fundamental problem, but also easy to intensify contradictions.
To sum up, it is the owner's right to dismiss the property service provider, but the premise also needs to be reasonable and legal, and it also needs to be notified 60 days in advance. As long as there is no breach of contract, there is no need to bear any liquidated damages. So we must know how to protect our rights and interests.
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